Malkosie v. Option One, et al.
Sep 23, 2010OUTCOME: Represented Defendant - Case dismissed
In Malkoskie v. Option One Mortgage, a California court of appeals case stemming from a Los Angeles County post-foreclosure eviction action, the Court of Appeals held that the judgment in the eviction ... proceeding had a “preclusive effect” on the issue of lawful title to the property in a subse-quent action seeking to challenge the foreclosure. In other words, the court ruled that the title issues had already been addressed in the eviction proceeding and couldn’t be raised again in the challenge to the foreclosure.
